Monitoring electronic communications
23 Monitoring electronic communications
The director-general must ensure that—
a secure mental health facility has an area (an electronic communications area) where electronic communication facilities are available for use by patients in the facility; and
patients are supervised at all times while in the electronic communications area; and
patients do not use an electronic communication device or other means to capture visual data of the patient or another person.
The director-general may monitor communications in the electronic communications area, other than between a patient and an accredited person, if the director-general believes on reasonable grounds that the monitoring is necessary and reasonable to avoid prejudicing the effectiveness of the patient’s treatment, care or support.
The director-general must tell the parties to the communication—
that it might be monitored; and
if it is monitored—that it has been monitored.
In this section:
capture visual data—a person captures visual data of another person if the person captures moving or still images of the other person by a camera or any other means in such a way that—
a recording is made of the images; or
the images are capable of being transmitted in real time with or without retention or storage in a physical or electronic form; or
the images are otherwise capable of being distributed.
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